honest contractual dealings
Photo by Thirdman from Pexels

A recent Supreme Court of Canada decision serves as a helpful reminder to workers and businesses about the importance of honesty in their contractual dealings. C.M. Callow Inc. v. Zollinger involved condo maintenance contracts. The plaintiff, C.M. Callow performed summer and winter maintenance for the defendant Zollinger, who managed maintenance contracts for several condos (referred to as Baycrest). 

The Deception

Baycrest and Callow entered into a two-year winter maintenance contract in 2012. In the Spring of 2013, Baycrest decided they wanted to end the winter contract. The contract allowed for early termination, for any reason, by way of 10 days notice. They did not provide that notice until September of 2013, allowing Callow to act on his impression that the winter contract would be renewed all through the summer of 2013. Through the summer of 2013 Callow performed the summer maintenance contract and also did additional work for free, in the hopes and under the impression that the winter contract would be renewed.  
Continue Reading Honesty – the Golden Rule for Contracts

Risks of Not Firing Properly
Photo by Dustin Tramel on Unsplash

Employers often wonder what the consequences might be if they don’t do everything their lawyer tells them to or, if they don’t get a lawyer at all and just “wing it” when hiring, firing, or dealing with workplace issues like harassment complaints or requests for accommodation. 

Of course, it depends. Not every employee is going to be litigious, but a fair number are. It’s generally pretty easy for employees to get legal consultations and a lawyer to take their “wrongful dismissals” on contingency. The barrier to entry can be quite low.  

So, what can an employer expect? In today’s post, we will go through the various types of employer-worst-case-scenario employment law damages.

Continue Reading Employment Law Damages: The Risk of Not Firing Properly

In the wake of Target closing its Canadian doors this month, we have had some of our employer clients asking about the pros and cons of working notice.  The 17,600 employees of Target have received at least 16 weeks of notice each, but many will be expected to work all or part of those 16 weeks rather than receive a lump-sum payment.  As reported in the news, many think they are not getting any “severance” at all. 

To help clear up some of the misperceptions around working notice, here are three key points to consider:


Continue Reading When Can an Employer Give Working Notice?

While we may share a love of hockey, beer and Justin Bieber, there remains many intangible cultural and legal differences between Canadian and US employment law.  Given the global nature of most of the clients I work with, I frequently advise US employers on the subtle – and sometimes not so subtle – distinctions between